Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. As a result, CCDH met the first prong of the anti-SLAPP protections that the lawsuit targeted socially important speech.

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. The court spends 20 pages analyzing the arguments.

Contracts 104

Contracts Privacy Social Media Advertising 104

Traverse Legal Blog

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Branding Brands 52

LexBlog IP

MARCH 6, 2024

This scenario is no longer just a distant nightmare of the imagination but a real possibility with the advent of AI technology. We have witnessed this groundbreaking technology with Meta’s unveiling of interactive chatbots modeled after renowned celebrities such as Tom Brady, MrBeast, and Snoop Dogg.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 84

Social Media Law Contracts Designs 84

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Meta Platforms, Inc., 2022 WL 4372349 (N.D.

Contracts 92

Contracts Social Media Advertising Advertising 92

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 98

Social Media Law Blogging Publishing 98

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Once again, technology has outstripped normal legal strictures, and the lawyers need to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Once again, technology has outstripped normal legal strictures, and the lawyers need to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” Marketing. *

Privacy 98

Privacy Marketing Marketing Social Media 98

43(B)log

JUNE 29, 2023

Chair: João Pedro Quintais Impulse Statement: Niva Elkin Koren: Déjà vu from 1990s: radical technology change, but the world is different and tech moves in a different direction. GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy?

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 137

Privacy Designs Design Business 137

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JULY 27, 2021

Through its Technology and Society team, CCG seeks to embed human rights, constitutional rights and good governance within information policy and examine the evolution of existing rights frameworks to accommodate new media and emerging technology.

Government 105

Government Editing Privacy Technology 105

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. DXC Technology [Madras High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JULY 20, 2021

He shared this story on social media with the “#airbnbwhileblack” hashtag, which went viral. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Airbnb appeared first on Technology & Marketing Law Blog.

Social Media 110

Social Media Designs Design Blogging 110

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Intepat

FEBRUARY 7, 2023

The Intellectual Property (IP) rights jurisprudence over the years has adapted to the changing technological environment. However, as we ride on the everchanging wave of evolving technology, there also arises a need to reevaluate how laws, which traditionally operated in a different space, react to these new dynamics.

IP 52

IP Law Invention Licensing 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 89

Social Media Ownership Contracts Privacy 89

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media 71

Social Media Privacy Advertising Advertising 71

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media 143

Social Media Law Publishing Government 143

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 109

Social Media Reporting Government Law 109

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 125

Social Media Law Privacy Government 125

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 113

Law Social Media Government Privacy 113